On the other hand, it is seen that the applicant's being a member of YARSAV is among the facts taken as basis for accusation by the investigating authorities. It is known that the aforementioned Association was founded in 2006 as a non-governmental organization for judges and prosecutors. However, it was stated in many investigation and prosecution documents conducted in connection with FETÖ/PDY that some members of the judiciary affiliated with FETÖ/PDY were members of this Association some time after its establishment. On the other hand, within the scope of the measures taken during the state of emergency declared after the coup attempt, YARSAV was closed due to Article 2 of the Decree Law No. 667 on the grounds that “its belonging, affiliation or affiliation with FETÖ/PDY was determined”. However, the evaluation of YARSAV membership as an organizational activity is only possible if it is revealed that this is in accordance with an instruction received from the terrorist organization. Otherwise, it may be possible to make a strong crime symptom assessment based on a hypothetical acceptance. As a matter of fact, the case-law of the Court of Cassation is in this direction (see §§ 47, 48). In this context, when the concrete case is examined, it does not seem possible to say that there was a determination in this direction for the applicant, who was understood to have been a member of YARSAV in 2010.

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